HomeMy WebLinkAbout2020-05-20 Town Board MinutesMAY 20, 2020 5:00 P.M.
TOWN BOARD MEETING
As a result of COVID-19, and the Executive Order of the Governor of the State of New
York, the Regular Meeting of the Town Board of the Town of Cortlandville was held via Zoom,
video and telephone conferencing, with Supervisor Williams presiding.
Members present: Supervisor, Thomas A. Williams
Councilman, Jay E. Cobb
Councilman, Jeffrey D. Guido
Councilman, Theodore V. Testa
Councilman, Douglas E. Withey
Town Clerk, Kristin E. Rocco-Petrella
Others present were: Town Attorney, John A. DelVecchio; News Reporter, Colin
Spencer from the Cortland Standard.
Supervisor Williams called the meeting to order.
Councilman Withey made a motion, seconded by Councilman Testa, to approve the Draft
Town Board Minutes of April 15, 2020 and the Draft Town Board Minutes of May 6, 2020. All
voting aye, the motion was carried.
RESOLUTION #110 ACKNOWLEDGE AND AUTHORIZE PAYMENT OF
VOUCHERS – MAY 6, 2020 (ABSTRACT #09)
Motion by Councilman Testa
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, per Town Board Resolution #87 of 2020, Supervisor Williams was authorized by
the Board to be the sole signatory on vouchers in order to pay bills as needed during the declared
State of Emergency, therefore
BE IT RESOLVED, the Town Board does hereby acknowledge and authorize payment of the
following vouchers, as audited by Supervisor Williams and paid on May 6, 2020 (Abstract #09),
and further acknowledges receipt of an electronic copy of the Abstract by email:
Funds A, B, DA, DB, Voucher #502-556
HG, SF, SS, SW General Fund A $ 38,9979.92
General Fund B $ 1,473.89
Highway Fund DA $ 0.00
Highway Fund DB $ 24,916.89
Gutchess Lumber SC Project HG $ 0.00
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 144,472.14
Water Fund SW $ 4,829.98
Funds CD1, CD3, CD4 Voucher #9-11
BMills Rehab CD1 $ 0.00
Town Wide Rehab CD3 $ 7,500.00
Business Devl CD4 $ 76,022.19
Funds TA, TE Voucher #13-16
Trust & Agency TA $ 49,152.50
Expendable Trust TE $ 0.00
RESOLUTION #111 AUTHORIZE PAYMENT OF VOUCHERS – MAY
Motion by Councilman Testa
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
MAY 20, 2020 TOWN BOARD MEETING PAGE 2
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
Funds A, B, DA, DB, Voucher #557-637
HG, SF, SS, SW General Fund A $ 114,512.32
General Fund B $ 29,183.57
Highway Fund DA $ 0.00
Highway Fund DB $ 19,864.13
Gutchess Lumber SC Project HG $ 2,084.32
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 5,399.05
Water Fund SW $ 33,760.96
Funds CD1, CD3, CD4 Voucher #(None)
BMills Rehab CD1 $ 0.00
Town Wide Rehab CD3 $ 0.00
Business Devl CD4 $ 0.00
Funds TA, TE Voucher #17-18
Trust & Agency TA $ 37,673.67
Expendable Trust TE $ 0.00
Supervisor Williams acknowledged that typically at this time in the meeting privilege of
the floor is offered to those in attendance. However, during the Town’s declared state of
emergency due to COVID-19, privilege of the floor was suspended. He suggested the Board
continue to suspend public comment during Town Board meetings until such time as the
Governor removes the restriction set in his Executive Order. (Governor Cuomo issued Executive
Order 202.1 to temporarily suspend the Open Meetings Law to allow any public body to meet
and take action without permitting in-person access to the meetings and authorizing such
meetings to be held remotely by conference call or similar service, provided that the public has
the ability to view or listen to such proceeding and that such meetings are recorded and later
transcribed.) Public comment could be submitted to the Board by mail or email, or submitted in
the Town drop box or in person during office hours.
RESOLUTION #112 SUSPEND “PRIVILEGE OF THE FLOOR” AT
CORTLANDVILLE TOWN BOARD MEETINGS UNTIL THE
GOVERNOR REMOVES SUCH RESTRICTION DUE TO
COVID-19
Motion by Councilman Testa
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby suspend public comment or “Privilege of the
Floor” at Cortlandville Town Board Meetings until such time as the Governor of the State of
New York removes the restrictions per Executive Order 220.1 issued on March 12, 2020, to
temporarily suspend the Open Meetings Law (Article 7 of the Public Officers Law) due to
COVID-19.
Councilman Guido made a motion, seconded by Councilman Withey, to receive and file
the monthly report of Cortland Community SPCA for the month of April 2020. All voting aye
the motion was carried.
Councilman Withey made a motion, seconded by Councilman Cobb, to receive and file
correspondence from Charter Communications, dated May 15, 2020, regarding programming
services. All voting aye, the motion was carried.
Under new business, Town Clerk/Collector Rocco-Petrella reported that over 96% of the
total 2020 Cortlandville Town/County tax warrant ($12+ million) has been collected to date.
Taxes are due by June 1, 2020; after such time they will be returned to the County Treasurer’s
office for collection.
Councilman Withey asked whether special requests were made to relieve tax penalties
due to COVID-19. Town Clerk/Collector Rocco-Petrella explained that per Town Law, the
Town does not have the authority to waive penalties as villages do; no concessions could be
made due to the unfortunate circumstances of the pandemic.
MAY 20, 2020 TOWN BOARD MEETING PAGE 3
Attorney DelVecchio reported:
Water/Sewer Department Repair for Water Leak:
With regard to the problem the Town Water/Sewer Department encountered when
completing a repair for a water leak on private property, Attorney DelVecchio apprised the
Board that the matter was ongoing as there were outstanding issues. He would report back to the
Board at a later date.
Public Access to April 15, 2020 Town Board Meeting:
Attorney DelVecchio apprised the Board there was a question as to public notification
and public access of the April 15, 2020 Town Board Meeting that was held by
video/teleconference. Although the Executive Order only specifies the municipality attempt to
allow access, and there is no definition or clarification, he suggested the Board address the
resolutions that were adopted at such meeting. Attorney DelVecchio suggested that it would be
in the best interest of the Town for the Board to rescind the adopted resolutions and adopt them
again individually. The Board was in favor of doing so. Attorney DelVecchio read aloud Town
Board Resolutions #92 through #102 of 2020 adopted at the April 15, 2020 Town Board
Meeting.
RESOLUTION #113 RESCIND TOWN BOARD RESOLUTIONS #92 THROUGH
#100 OF 2020 ADOPTED AT THE APRIL 15, 2020 TOWN
BOARD MEETING
Motion by Councilman Withey
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby rescind Town Board Resolution #92, #93, #94,
#95, #96, #97, #98, #99, and #100 of 2020 adopted at the April 15, 2020 Town Board meeting as
follows:
#92 of 2020 Acknowledge and authorize payment of vouchers – April 1, 2020 (Abstract #07);
#93 of 2020 Accept Annual Report of Town RMO and Schedule of Disposed Records in 2019
in accordance with the Retention and Disposition Schedule;
#94 of 2020 Authorize Town Attorney to execute proposed tax certiorari settlement with Wal-
Mart Stores East, LP #1781 subject to determination that there will be no
unfavorable impact on the School District;
#95 of 2020 Authorize payment to all Town Employees during the declared State of
Emergency in the Town of Cortlandville until modified by the Town Board;
#96 of 2020 Authorize Town Employees to work from home during the declared State of
Emergency in the Town of Cortlandville until modified by the Town Board;
#97 of 2020 Suspend loss of accrued paid time off for all Town Employees who would lose
accrued time until September 1, 2020;
#98 of 2020 Authorize CHA to continue with the engineering and completion of bid
specs/documents for the proposed new storage building at the Gutchess Lumber
Sports Complex;
#99 of 2020 Acknowledge notification from the State for filing of Local Law No. 1 of 2020;
#100 of 2020 Authorize approval of payment regarding the Town-Wide Housing Rehabilitation
Grant Program CDBG #287HR323-19.
MAY 20, 2020 TOWN BOARD MEETING PAGE 4
RESOLUTION #114 ACKNOWLEDGE AND AUTHORIZE PAYMENT OF
VOUCHERS – APRIL 1, 2020 (ABSTRACT #07)
Motion by Councilman Testa
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, per Town Board Resolution #87 of 2020, Supervisor Williams was authorized by
the Board to be the sole signatory on vouchers in order to pay bills as needed during the declared
State of Emergency, therefore
BE IT RESOLVED, the Town Board does hereby acknowledge and authorize payment of the
following vouchers, as audited by Supervisor Williams and paid on April 1, 2020 (Abstract #07),
and further acknowledges receipt of an electronic copy of the Abstract by email:
Funds A, B, DA, DB, Voucher #411-454
HG, SF, SS, SW General Fund A $ 28,557.23
General Fund B $ 3,521.55
Highway Fund DA $ 0.00
Highway Fund DB $ 6,566.71
Gutchess Lumber SC Project HG $ 0.00
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 2,030.77
Water Fund SW $ 9,235.28
Funds CD1, CD3, CD4 Voucher #(None)
BMills Rehab CD1 $ 0.00
Town Wide Rehab CD3 $ 0.00
Business Devl CD4 $ 0.00
Funds TA, TE Voucher #12-12
Trust & Agency TA $ 6,157.22
Expendable Trust TE $ 0.00
RESOLUTION #115 ACCEPT ANNUAL REPORT OF TOWN RMO AND
SCHEDULE OF DISPOSED RECORDS IN 2019 IN
ACCORDANCE WITH THE RETENTION AND DISPOSITION
SCHEDULE
Motion by Councilman Testa
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby accept the Annual Report of the Records
Management Officer of the Town as submitted by the Town Clerk/Records Management Officer,
including a list of the disposed records in 2019, in accordance with the Records Retention
Disposition Schedule, MU-1.
RESOLUTION #116 AUTHORIZE TOWN ATTORNEY TO EXECUTE PROPOSED
TAX CERTIORARI SETTLEMENT WITH WAL-MART
STORES EAST, LP #1781 SUBJECT TO DETERMINATION
THAT THERE WILL BE NO UNFAVORABLE IMPACT ON
THE SCHOOL DISTRICT
Motion by Councilman Testa
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby and direct the Town Attorney to execute the
proposed tax certiorari settlement between the Town of Cortlandville and Wal-Mart Stores East,
LP #1781, subject to the determination that there will be no unfavorable impact on the school
district.
MAY 20, 2020 TOWN BOARD MEETING PAGE 5
RESOLUTION #117 AUTHORIZE PAYMENT TO ALL TOWN EMPLOYEES
DURING THE DECLARED STATE OF EMERGENCY IN THE
TOWN OF CORTLANDVILLE UNTIL MODIFIED BY THE
TOWN BOARD
Motion by Councilman Testa
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct payment to all Town
employees during the declared State of Emergency in the Town of Cortlandville (commencing
March 16, 2020) until modified by the Town Board.
RESOLUTION #118 AUTHORIZE TOWN EMPLOYEES TO WORK FROM HOME
DURING THE DECLARED STATE OF EMERGENCY IN THE
TOWN OF CORTLANDVILLE UNTIL MODIFIED BY THE
TOWN BOARD
Motion by Councilman Testa
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct Town of Cortlandville
employees to work from home, under the direction of their direct department heads, during the
declared State of Emergency in the Town of Cortlandville (commencing March 16, 2020) until
modified by the Town Board.
RESOLUTION #119 SUSPEND LOSS OF ACCRUED PAID TIME OFF FOR ALL
TOWN EMPLOYEES WHO WOULD LOSE ACCRUED TIME
UNTIL SEPTEMBER 1, 2020
Motion by Councilman Testa
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby suspend the loss of accrued paid time off for
all Town employees who would lose accrued time until September 1, 2020 as a result of
COVID-19 and the declared State of Emergency in the Town of Cortlandville.
RESOLUTION #120 AUTHORIZE CHA TO CONTINUE WITH THE
ENGINEERING AND COMPLETION OF BID
SPECS/DOCUMENTS FOR THE PROPOSED NEW STORAGE
BUILDING AT THE GUTCHESS LUMBER SPORTS
COMPLEX
Motion by Councilman Testa
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize CHA to continue with the
engineering and completion of bid specs/documents for the construction of a new storage
building at the Gutchess Lumber Sports Complex, as previously authorized per Town Board
Resolution #58 of 2020.
MAY 20, 2020 TOWN BOARD MEETING PAGE 6
RESOLUTION #121 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR
FILING OF LOCAL LAW NO. 1 OF 2020
Motion by Councilman Testa
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the New York State Department of State acknowledged receipt of Local
Law No. 1 of 2020, Amending Chapter 178, Article XVIII, Section 178-112 A(4) and A(5) of
the Code of the Town of Cortlandville, to be effective March 13, 2020.
RESOLUTION #122 AUTHORIZE APPROVAL OF PAYMENT REGARDING THE
TOWN-WIDE HOUSING REHABILITATION GRANT
PROGRAM CDBG #287HR323-19
Motion by Councilman Testa
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize approval of payment for the
following regarding the Town-Wide Housing Rehabilitation Grant Program – CDBG
#287HR323-19:
Voucher #1: Thoma Development Consultants – Administration Services – $4,500.00
Voucher #2: Thoma Development Consultants – Administration Services – $3,000.00
Solar Projects in Town of Cortlandville:
Attorney DelVecchio apprised the Board that there are three proposed solar projects in
the Town of Cortlandville: a 90 MW proposed facility (EDF Renewables) which will be
reviewed through the Article 10 process, and two smaller solar projects whose applications
would be reviewed at the Town level. Attorney DelVecchio indicated that he would be mailing
letters to the solar companies demanding the solar companies enter into PILOT agreements with
the Town. He stated he would make sure that the Town gets paid the appropriate amount of
money for the projects.
Councilman Guido asked if the solar companies are required to provide a bond or have
money set aside for decommissioning the project in the future. Attorney DelVecchio explained
there is a requirement in the Town’s solar law that every approved solar project must have a
decommissioning plan before a building permit is issued; the Code Enforcement officer would
ensure the bond was in place. The purpose of the bond is to ensure there is money available to
properly disband the project. The only open ended question is what happens to the material once
the project is disbanded. How is the material disposed of? Is it recycled? Attorney DelVecchio
suspected that the State Legislature would address the issue.
Councilman Withey stated it was brought to his attention that should there be a fire at a
solar facility, because of hazardous waste issues, how the fire departments responds should be of
concern. Councilman Cobb stated it was his understanding that the fire departments will not
fight fires at solar facilities with water.
Attorney DelVecchio explained that the Town Code does not have provisions with regard
to battery storage at this time. He recalled that he reached out to NYSERDA numerous times in
the past, without success, to ask them to assist the Town with battery storage provisions. He
would reach out to NYSERDA again.
Town Board Member Reports:
Councilman Guido informed the Board that he received several inquiries as to the use of
the Gutchess Lumber Sports Complex (GLSC) baseball fields for the summer and what the
Town’s stance was. The use of the GLSC, or Town parks in general, depend on the Governor of
New York and what phase of reopening due to COVID-19 that parks and recreation fall under.
Regardless, Councilman Guido noted that there was still a lot of interest in the use of the park.
MAY 20, 2020 TOWN BOARD MEETING PAGE 7
Councilman Withey apprised the Board that he asked the Town Historian, Jenae Withey,
to provide the Board with a report of her activity, which would be forthcoming.
Supervisor Williams reported:
Audit of Town Vouchers:
Supervisor Williams recalled that during the declared State of Emergency in the Town of
Cortlandville due to COVID-19, he was authorized to be the sole signatory of the Town vouchers
during that time rather requiring three Board member signatures prior to payment. (Members of
the Board were provided with the abstract of vouchers via email and were able to audit the
already approved vouchers at a later date.) Supervisor Williams suggested the Board return to its
procedure for the auditing bills in which three signatures are required for payment. He asked
that all vouchers be provided to the Bookkeeper’s office the Friday before a meeting to allow
time for processing. Vouchers would be available for Board review and signatures at noon on
Tuesdays prior to a Board meeting. At this time, the bills would be audited in the Water/Sewer
garage to maintain proper social distancing guidelines.
RESOLUTION #123 RESUME STANDARD PROCEDURE FOR AUDITING TOWN
VOUCHERS PRIOR TO PAYMENT
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, per Town Board Resolution #87 of 2020, Supervisor Williams was authorized by
the Board to be the sole signatory on vouchers in order to pay bills as needed during the declared
State of Emergency due to COVID-19 which has since expired, therefore
BE IT RESOLVED, the Town Board does hereby resume its standard procedure for auditing and
signing Town vouchers prior to payment in which three signatures are required, and it is further
RESOLVED, vouchers shall be provided to the Town Bookkeeper’s office on the Friday prior to
a Board meeting in order for the vouchers to be prepared and available for Board review and
signatures by 12:00 p.m. on the Tuesday prior to a Board meeting.
New Procedure for Entering Town Hall:
Supervisor Williams explained that as a result of COVID-19 there was a new procedure
in place for entering the Town Hall. At this time, the Town Hall would be open to the public
Monday through Friday from 10:00 a.m. until 12:00 p.m. and from 1:00 p.m. until 3:00 p.m. In
order to gain access to the building, the public would press the intercom on the outside of the
main entrance of the building, would speak with reception, and would be allowed to enter the
building. At this time, anyone entering the building would be required to wear a mask, would b e
asked for photo identification, and would have his/her temperature taken (must be below CDC
threshold of 100.4). The number of people permitted inside the building at one time would be
limited. Supervisor Williams explained there would be separate protocols for the Town Court to
be set by State Office of Court Administration. At this time, court was not in session.
Supervisor Williams stated that the new standard procedures were set with the security and
safety of the Town employees as paramount. The public would be encouraged to conduct
business utilizing the Town drop box when possible.
Board of Electrical Generation and Siting Board – Article 10:
For information purposed only, Supervisor Williams apprised the Board that the Board of
Electrical Generation and Siting was requesting the names of four individuals to possibly serve
on an ad-hoc committee regarding solar applications that fall under Article 10. All
municipalities involved in the solar application were asked to submit the names of four
candidates; only two individuals would serve on such committee. Supervisor Williams indicated
that he reached out to four individuals and was waiting for responses.
MAY 20, 2020 TOWN BOARD MEETING PAGE 8
Restriction on Pets in Town Hall:
Supervisor Williams apprised the Board it was brought to his attention that there is no
restriction regarding allowing pets into Town Hall. He asked the Board to adopt a resolution
prohibiting pets in the Town Hall other than service animals. Due to safety concerns, the Board
was in agreement.
RESOLUTION #124 ESTABLISH POLICY PROHIBITING ALL ANIMALS FROM
ENTERING THE TOWN HALL WITH THE EXCEPTION OF
SERVICE ANIMALS
Motion by Councilman Withey
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby establish a policy prohibiting all animals from
entering the Town Hall with the exception of service animals as a matter of public safety
effective May 20, 2020.
Purchase Amp System for Town Meetings:
Supervisor Williams apprised the Board a request was made by the Town Planning Board
and Zoning Board of Appeals to purchase an amplifier system to be used for their meetings while
they are being conducted in the Municipal Garage. Due to COVID-19 and social distancing
guidelines, the public meetings would be held in the water/sewer garage.
Supervisor Williams explained that prior to the pandemic he was looking into enhancing
the sound quality in the Town meeting room which included the installation of four new
speakers. He suggested the Board move forward to purchase the speakers at this time, which
would be used in the Municipal Garage at this time and then installed in the meeting room at a
later date when meetings could be held in such space. The Town already had an amplifier that
the speakers could be connected to, as well as microphones. Supervisor Williams expected the
cost of each speaker to be approximately $200. The Board was in agreement to move forward
with the purchase.
RESOLUTION #125 AUTHORIZE PURCHASE OF FOUR SPEAKERS PER THE
QUOTE FROM BEARD ELECTRIC
Motion by Councilman Testa
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to purchase four
speakers as previously quoted by Beard Electric, to be temporarily utilized in the Municipal
Garage during public meetings, which shall ultimately be installed in the Court Room/Meeting
Room in the Raymond G. Thorpe Municipal Building.
FEMA – Homeland Security Application:
Supervisor Williams apprised the Board he submitted an application to the Federal
Emergency Management Agency (FEMA) for reimbursement of funds spent by the Town due to
COVID-19. He would update the Board as needed.
MAY 20, 2020 TOWN BOARD MEETING PAGE 9
Proposed Water/Sewer Projects:
Supervisor Williams apprised the Board that the Town’s engineering firm, CHA
completed its design for the Hillside Drive Sewer Project and for the Lime Hollow Well Contact
Time Project. He asked the Board for authorization to go out to bid for both projects.
Councilman Testa made a motion, seconded by Councilman Guido, to authorize the Town to go
out to bid for both projects. Supervisor Williams explained that the funding for both projects
was available in the Town water and sewer funds, and that the projects were shovel ready as the
engineering was already completed for both projects. However, after discussion, and concern
from Councilman Withey that he had not had an opportunity to review the plans, no action and
no vote was taken on the matter. Supervisor Williams indicated that he would reach out to CHA
and have the plans available for review prior to the next Board meeting. The Board would revisit
the matter at their June 3, 2020 meeting.
Opening of Town Court:
Supervisor Williams reported that the opening of the Town Court was governed by the
State Office of Court Administration (OCA). A meeting was scheduled for the following week
with himself, the Town Justices and other officials to discuss the necessary step s to be taken by
the Town in order for the court to reopen.
Cortland County - Professional Marketing Group:
Supervisor Williams apprised the Board he received a request from the County prior to
the meeting asking the Town to consider funding a professional marketing group to work with
the County to market local businesses as they are allowed to re-open in phases. The County,
City and other municipalities would be asked to help fund the project. The professional outfit
would help advertise the local businesses as they reopen, or rather the types of businesses that
were open. The County was asking for $2,500 to help fund the marketing efforts. After
discussion, which included concerns as to whether all businesses would be promoted and not
excluded, and that a decision on the matter was perhaps rushed, the Board agreed to authorize the
expenditure of up to $2,500 to fund the marketing project with the County. Supervisor Williams
would use his discretion and noted that more details were forthcoming; he would apprise the
Board as he learned more.
RESOLUTION #126 AUTHORIZE EXPENDITURE OF UP TO $2,500 TO
CORTLAND COUNTY TO ENGAGE THE SERVICES OF A
PROFESSIONAL MARKETING FIRM TO PROMOTE THE
REOPENING OF BUSINESSES IN THE COUNTY AS THEY
OPEN IN PHASES DUE TO COVID-19
Motion by Councilman Testa
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the expenditure of up to $2,500 to
Cortland County to engage the services of a professional marketing firm to promote the
reopening of businesses in the County as they open in phases per the Governor of the State of
New York due to the coronavirus pandemic (COVID-19).
EDF Renewables – Article 10 Solar Application – Intervener Funds:
There was discussion regarding the Article 10 application submitted by EDF Renewables
for a 90 MW solar facility in the Towns of Cortlandville, Homer and Solon. Supervisor
Williams apprised the Board that he recently met with representatives from the Town of Homer,
Town of Solon, a County Legislator, and Attorney Pat Snyder representing the Town of Homer.
Attorney Snyder suggested that the municipalities join efforts and ask for funding via the State
“intervener” funds, which could provide up to $31,500 to be used for funding engineering and
legal fees for the Phase 1 application of the Article 10 solar application by EDF Renewables.
The intervener funds would benefit the municipalities in that the funds would be used to pay for
engineering and legal fees eliminating out of pocket expenses by the municipalities involved.
Supervisor Williams explained that if the project goes into Phase 2, up to $90,000 could be
available through the Intervener funds.
MAY 20, 2020 TOWN BOARD MEETING PAGE 10
Supervisor Williams explained that the purpose of the funds was to help the
municipalities have access to engineering and legal experts. The Town of Homer suggested the
use of Barton & Loguidice as the engineering firm, and that perhaps Attorney Snyder, an
environmental attorney, would be retained for legal expertise.
Attorney DelVecchio explained that a formal request must be made for the intervener
funds (up to $31,500) by June 3, 2020. Supervisor Williams added that the Town would have to
sign a boiler plate agreement with the engineering firm, Barton & Loguidice to represent the
Town, which he and Attorney DelVecchio would review.
Discussion continued amongst the Board. Councilman Withey asked who would be
responsible for the accounting of the funds if granted. Supervisor Williams explained that it was
his understanding that the approval of the billing would come from the administrative law judge.
If approved, the bill could be paid. One municipality would be in charge of the funds, the
logistics of which would be worked out at a later date if the funds are received. The Board
agreed to move forward with the formal request for the intervener funds.
RESOLUTION #127 AUTHORIZE TOWN SUPERVISOR AND TOWN ATTORNEY
TO PROCEED WITH DEVELOPING A PLAN WITH THE
TOWN OF HOMER AND/OR TOWN OF SOLON TO
REQUEST “INTERVENER FUNDS” IN RESPECT TO THE
ARTICLE 10 SOLAR APPLICATION SUBMITTED BY EDF
RENEWABLES, INC.
Motion by Councilman Cobb
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Supervisor and
Town Attorney to proceed with developing a plan with the Town of Homer and/or Town of
Solon to request “Intervener Funds” to be used in connection with the Article 10 solar
application submitted by EDF Renewables, Inc. for a proposed 90 MW solar farm in the Towns
of Cortlandville, Homer and Solon.
PILOT Agreement – Solar Projects:
Supervisor Williams asked Attorney DelVecchio to address the issue of payment in-lieu-
of-tax (PILOT) agreements.
Attorney DelVecchio explained that as a general rule, solar projects are tax -exempt.
However, the Real Property Tax Law says that any taxing authority such as the municipality,
school, and county has the ability to opt out of the rule. If the taxing authority opts out, the solar
project is obligated to pay taxes to the taxing authority for that project. To date, the Town has
not opted out. There was discussion at previous Town Board meetings to not opt out, because
opting out could potentially discourage solar companies from locating in the Town. What the
Town chose to do instead of opting out, the Town follows the “hidden exception” in the tax law
that says as soon as the Town receives notice of a solar project in the Town, the Town can then
issue a written letter within 60-days of the official notice demanding that the solar project enter
into a PILOT agreement with the Town. Attorney DelVecchio explained that he did such with
the first solar applications approved by the Town and plans to do the same with the new
applications.
Councilman Withey mentioned that he discussed the matter with Assessor Briggs and
commented on how complicated the matter is. He mentioned a concern regarding the concern of
the power of the IDA and whether or not the project should be taxable or a PILOT was vague.
Attorney DelVecchio commented that he suspected the State Legislature would take up the
matter in the future due to ambiguities.
Discussion continued on the matter and the crafting of PILOT agreements. Supervisor
Williams noted that there are funding sources for the municipality in addition to the PILOT: the
land is still taxed, and there is still revenue via to the building permit fees for the approved solar
projects. A substantial amount of money would still be made by the municipality.
MAY 20, 2020 TOWN BOARD MEETING PAGE 11
RESOLUTION #128 AUTHORIZE THE TOWN BOARD AGENDA AND
SUPPORTING DOCUMENTATION TO BE SUBMITTED
ELECTRONICALLY TO THE TOWN SUPERVISOR, TOWN
BOARD AND TOWN ATTORNEY
Motion by Councilman Withey
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct that the Town Board
Agenda and supporting documentation be submitted electronically to the Town Supervisor,
Town Board and Town Attorney unless a hard copy is requested otherwise, and it is further
RESOLVED, the Town Clerk shall be provided with original documents for filing.
Councilman Guido made a motion, seconded by Councilman Testa, to receive and file
correspondence from NYS Agriculture & Markets regarding the Final Notice of Intent to
Undertake an Action within an Agricultural District, for the following projects: Nextera,
Cortlandville 3 Solar, Riley Road, dated May 11, 2020; and Nextera, Cortlandville 1 Solar, East
River Road, dated May 15, 2020. All voting aye, the motion was carried.
Councilman Guido made a motion, seconded by Councilman Testa, to receive and file
correspondence from Young/Sommer LLC, Attorneys at Law, dated April 9, 2020, regarding the
application of EDF Renewables Development, Inc. for a Certificate of Environmental
Compatibility and Public Need Pursuant to Article 10 of the Public Service Law for Construction
of the Homer Solar Energy Center in the Towns of Homer, Cortlandville and Solon, Cortland
County. All voting aye, the motion was carried.
Councilman Guido made a motion, seconded by Councilman Testa, to receive and file
email correspondence from Jeanie Gleisner, dated April 29, 2020, Program Manager of the CNY
Regional Planning & Development Board, as well as the final Homer to Cortland section of the
CNY Peacemaker Trail Bike Corridor Wayfinding Plan. All voting aye, the motion was carried.
Councilman Guido made a motion, seconded by Councilman Testa, to receive and file
the Notice of Orders from the New York State Department of Transportation establishing exempt
railroad grade crossings on Delaware Street, between Taylor Street and Squires Street with
EXEMPT signs on approaches from the north and south; and on McLean Road, west of NYS
Route 281, with EXEMPT approaches from the north and south. All voting aye, the motion was
carried.
RESOLUTION #129 ESTABLISH THE STANDARD WORK DAY FOR ELECTED
AND APPOINTED OFFICIALS OF THE TOWN OF
CORTLANDVILLE FOR THE YEAR 2020
Motion by Councilman Cobb
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby establish the following as standard work days
for elected and appointed officials and will report the following days worked to the New York
State Local Employees’ Retirement System based on the record of activities maintained and
submitted by these officials to the Town Clerk:
Elected Standard Term of Record of
Officials: Name: Work Day: Office: Activities:
Town Attorney John A. DelVecchio 6 hours 01/01/2020-12/31/2021 11.63
Highway Superintendent Glenn D. Bassett 8 hours 01/01/2020-12/31/2021 27.47
Town Clerk/Collector Kristin E. Rocco-Petrella 7 hours 01/01/2020-12/31/2021 26.56
MAY 20, 2020 TOWN BOARD MEETING PAGE 12
Councilman Cobb made a motion, seconded by Councilman Guido, to receive and file
the Certificate of the Final State Equalization Rate for 2020 Assessment Roll from the New York
State Department of Taxation & Finance, Office of Real Property Tax Services, dated May 18,
2020, establishing a final State equalization rate of 89.00 for the Town of Cortlandville. All
voting aye, the motion was carried.
No further comments or discussion were heard.
Councilman Withey made a motion, seconded by Councilman Guido, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:35 p.m.
Respectfully submitted,
Kristin E. Rocco-Petrella, RMC
Town Clerk
Town of Cortlandville
*Note:
The draft version of this meeting was submitted to the Town Board for their review on June 12, 2020.
The final version of this meeting was approved as written at the Town Board meeting of June 17, 2020.